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My family and I found an apartment last month and began filing paperwork to get things prepared with the landlord. We have section 8 and there were a few things we needed to get done before moving in. My step dad installed the microwave and stove so that the landlord would not have to pay someone to do it. Finally, after inspection was passed, we decided to move in 9/15. We signed the lease yesterday 9/10 but did not give the deposit because he said he would prefer if we gave it when we got the keys, which would be the day we began moving on 9/15.
Today he calls us and says he sees trouble with us and that he is not sure about renting to us and that his wife does not want us etc. I am so confused as to where this is coming from when we have been preparing to move in for the past three weeks already. We have given our notice to our current landlord, our section 8 voucher has officially expired (which didn't matter at first since we thought we had found a place), we began the school transfer process for the child in our house, and we took some of the weight off of his shoulders by doing things around the house so he could worry about paperwork.
I am very upset and I don't even know what I am going to do on Thursday since my landlord is expecting us to be out by then. Is there anything I can do?
........ our section 8 voucher has officially expired ...........Is there anything I can do?
Hurry and look for another place?
It might not be you at all. The landlord might be having problems with the housing authority. In some locations, the housing authority is almost impossible to work with.
If your Section 8 voucher has expired there might be something on your application where you were not truthful (deliberately or not) and if your voucher is expired perhaps you don't have enough income to qualify for the rent?
Seems to me if you have a lease signed by all parties that the landlord may have a bit of a legal problem. I suggest you get legal advice, quickly. Like tomorrow. You may be able to get free advice, or worst case 30 minute consult at a modest fee.
If I returned a fully executed lease to a tenant I would expect to be sued. On the other hand, if they didn't move in they would be the ones with a lawsuit.
Seems to me if you have a lease signed by all parties that the landlord may have a bit of a legal problem.
If the lease is based on a Section 8 Voucher, and that voucher is no longer valid, the tenant is the one who breached the lease agreement and the "guarantor" is no longer backing the lease payments.
I second the advice to get a lawyer or a local tenant advocate. It is a shame that in many states the landlord is allowed to keep the tenant's deposit and charge up to 2 months for a tenant breaking a signed lease however when the landlord does the same typically the tenant gets nothing.
I'm sure about the legalities myself but morally that landlord ought to be paying you one month's rent at the very least for your hassle UNLESS there is a very good reason for this besides him getting cold feet.
My leases state there is a $400 fee for tenant breaking the lease, and all other terms continue to apply including paying the rent until a replacement tenant can be found. No surprises there except if tenant is an idiot and didn't read that.
Actually I am totally convinced that probably only 20% of tenants even skim read the lease, and I'd bet money none read every word. I've done about a dozen of them by now (as landlord) and I know practically every word by heart.
I think tenants think, "I want the house and I can't have it unless I sign the lease, so I might as well just initial every page and full name on the last page and get it over with."
By the way, about that $400 fee for breaking the lease, it costs ME $1,000 to get Realtor to advertise, show, find tenant, fill out the new lease papers (and tons of other docco), just to get a new tenant. I don't feel one single bit bad about collecting the early termination fee. I wish I could make it $1,000 but life has taught me to not mess with things I do not know. $400 is what the Realtor puts in and $400 it is.
did they sign the lease too? If so, then they're stuck.
As someone above said, the landlord may have run into issues with section 8 regulations. Some places they simply want the unreasonable or unobtainable. If they can't meet the section 8 requirements they aren't breaking the lease, it fits under the same category as a person trying to purchase a home who can't get a loan.
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did they sign the lease too? If so, then they're stuck.
The OP would need proof the agreement was signed. Without that your case for damages is pretty much null. If the OP can get the LL to admit they signed the lease in email or something like that they could have a shot. Not a whole lot you can do here.
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